Legal Question in Credit and Debt Law in Florida

Incurred debt in divorce

I just got a divorce from my husband of 25 years. In the divorce he incurred most of the debt. Since I am living in the marital home the creditors are coming after me to pay. What are my rights as far as being responsible for this debt that my ex incurred in the divorce?


Asked on 2/18/09, 11:00 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Incurred debt in divorce

Divorce judgments have no effect on creditors. If your name is on the debts, they can still sue you, despite what the divorce judgment says. If you get sued, your only choice is to sue your husband to pay the debt you end up liable for.

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Answered on 2/18/09, 11:35 am
Raymond LaBella LaBella Law, P.L.

Re: Incurred debt in divorce

Unfortunately, your creditors were not a party to your divorce case, so your family court judge has no power to modify your obligations to the creditors. If you were a joint debtor on the account, then the creditor can still hold you responsible, and can even sue you for the debt.

That being said, though, if you have a court order (divorce decree) that says the ex-spouse is supposed to do something (pay a debt) and he fails to do so, then your proper remedy would be through a Motion for Enforcement (a/k/a Sanctions, Contempt) against the ex for failure to obey the court order. this doesn't help you with the creditor, but you may be able to get compensated for what you wind up paying the creditor.

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Answered on 2/18/09, 2:05 pm


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